1 Congress, Doc. No. 105. J^o. of Reps, 

H Se fusion. Executivt 



v 



>pv ^ 



OREGON— CORRESPONDENCE REgPECTIxNG ARBITRATION. 



MESSAGE 

k'ilOM 

THE PRESIDENT OF THE UNITED STATES, 



IN ANSWEK TO 



The resolution of the 2d instant^ calling for any correspondence which has 
taken place relative to Oregon since his last anmial message to Con- 

press. 



February 7, 1846. 
Read, and referred to the Comraittee on Foreign Aftairs. 



To the House of Representatives of the United States : 

In compliance with tFie request of the House of Representatives in ifteii 
resolution of the 3d instant, I herewith communicate a repert from the 
Secretary of State, with the accompanying " correspondence which has 
taken place" between the Secretary of State and the minister of the United 
States at London, and " between the government of Great Britain and this 
government, in relation to the country west of the Rocky mountains, since 
the last annual message of the President" to Congress. 

JAMES K. POLK. 

Washington, February 7, 1846. 



LIST OF ACCOMPANYING PAPERS. 

Mr. Buchanan to Mr. McLane, (extract,) December 13, 1845. 
Mr. McLane to Mr. Buchanan, (extract,) January 3, 1846. 
Mr. Pakenham to Mr. Buchanan, December 27, 1845. 
Mr. Buchanan to Mr. Pakenham, January 3, 1846. 
Mr. Pakenham to Mr. Buchanan, January 6, 1846. 
Mr. Pakenham to Mr. Buchanan, January 16, 1846. 
Mr. Buchanan to Mr. Pakenham, February 4, 1846. 



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Doc. No. 105. 



etar^f State, to who 



u 594 

lEPARTMENT OF StATE, 

Washington, February 5, 1S4(). 

The Secretaf^f State, to whom has been referred a resolution i 'he 
House of Representatives of the 3d instant, requesting the Preside ^.0 
communicate to that House " so far as, in his opinion, is not inct>mj, 
blc with the public interest, all correspondence whicli has passed betwe 
the government of Great Britain and this government, or by or between 
any of the officers of said government in relation to the country we.-it of 
the Rocky mountains^ since the last annual message of the Presiden^ to 
this House," has the tionor to lay before the President the accompanying 
papers. 

All which is respectfully submitted. 

JAMES BUCHANAN 

The President of the Umted States. 



Mr. Buchanan to Mr. McLane. 

Department of State, 
[No. 20. j Washington, December 13, 1845. 

SiP^ ; ■» V * m m ii- * » 

The President has received information, from a variety of sources, which 
he cannot disregard, that Great Britain is now making extensive warlike 
preparations. As her relations with all the powers of Europe seem at 
present to be of a peaceful character, the prevailing and natural inference 
here is that these preparations look to a rupture with the United States on 
the tJregon question. It is of vast importance that this government 
should, as early as possible, ascertain their true character. You are there- 
fore instructed to embrace the first opportunity of bringing this subject to 
the notice of tlie Earl of Aberdeen, in such a manner as you may deem 
most expedient. » * * » » rpj^^ President 

is also anxious to learn your own opinion upon this subject, with the least 
practicable delay. 

I am, &.C., 



Louis McLane, Esq., ^'c, <^'c., 4*t'- 



JAMES BUCHANAN 



Mr. McLane to Mr. Buchanan. 

[No. 30.] London, Jaimary 3, 1846. 

Sir : I received on the 29th of December your despatch No. 20, datad 
the 13ih of that month ; and on the day following I sought an intervievr 
with Lord Aberdeen, in order that, in conformity with your instructions, 
I might bring to his notice the warlike preparations making by Great 
Britain, and, if possible, ascertain their real character and object. 

It will not escape you that, upon such a subject, it is not always easj 
to obtain very categorical answers, or entirely definite official information ; 



Doc. No. 105. 



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and I did not doubt that a frank personal conference was the best, if not 
the only mode of obtaining any satisfactory information \Yhatever. 

In introducing the subject, I adverted, at the same time, to tlie infor- 
piation the President had received, from a variety of sources, of the ex 
tensive warhke preparations making by Great Britain, and the natural in- 
ference, upon his part, that in the present pacific state^of the relations of 
Great Britain w'.th all the powers of Europe, they could only took to a 
rupture with the United States on the Oregon question. * * * 

Lord Aberdeen said, very promptly and frankly, that it would be im- 
proper to disguise that, with the sincerest desire to avoid it, they were 
obliged to look to the possibility of a rupture with the United States ; and 
that, in such a crisis, the warlike preparations now making would be 
useful and important; but he stated at the same time, very positively 
and distincdy, that they had no direct reference to such a rupture, and 
would have been made in the sam.e way, and to the same extent, without, 
regard to the relations of Great Britain with the United States. 

He also adverted to the fact that such preparations as were actually 
making had been commenced before the relations between the United 
States and Great Britain had become as serious as they now appeared to 
be, and therefore could not, at that time, have had any connexion with 
difficulties which had since grown out of the Oregon question. He 
thought, too, that the representations a^to the extent of the preparations 
must have been exaggerated. He denM that they related particularly, as 
I had been informed, to a distant service, or that they were making any 
addition to the old form of marine. He stated that the most extensive 
and formidable parts of their preparations were the fortifications of the 
principal and exposed ports and stations, which he thought could hardly 
be supposed to guard against invasion from the United States ; and the 
increase of the number of steam vessels in- lieu of the old craft, which it 
appeared other nations were about to adopt, and which he conlessed he* 
thought a matter of doubtful policy. In short, he assumed the prepara- 
tions in progress to be only a part of a v/ise and prudent system of na- 
tional defence and protection, and of preparing In time of peace for the 
exigencies of war, if it should unfortunately come from any quarter what- 
ever ; and he distinctly repeated his disclaimer that they had particular 
or direct reference to a rupture with the United States on the Oregon 
question, or any other ground. 

In regard to my own opinion upon this subject, which the President 
has been pleased to desire, # * * * 

# m # # * # * 

it is altogether probable that the possibility of other difficulties from other 
quarters in Europe * # *' # * 

* * may have its influence in dictating the policy of 
the extensive preparations in progress in all parts of the kingdom; and, 
with unabated confidence in the frankness and straightforwardness of 
Lord Aberdeen, and without meaning to distrust in the slightest degree 
the sincerity of his disclaimers in our recent conversation, I do not think 
it ought to be assumed by any one that warlike preparations upon such 
a scale as that upon which they are undeniably making here could not 
have even an indirect reference to the possible contingency of a rupture 
with us. And, at the same time, it is perfectly obvious that they are in, a 



4 Doc. No. 105. 

great degree, and especially so far as they consist of an augmentation in 
the ntimber of steam vessels, and of the naval marine generally, precisely 
of the character to be the most appropriate and the most useful in a war 
with our country. I am not prepared to say, nor do 1 deem it material to 
decide, how far we have a right to expect an explicit disclaimer of the 
character and purposes of the warlike preparations now making by Great 
Britain, under the circumstances. They may be the dictate of various 
motives of policy, and the result of many causes ; and, without attempt- 
ing to assign to each its particular influence, 1 am by no means prepared 
to admit that the apprehension of difticulties with the United States had 
no share in them ; and it is very clear that if a rupture with the United 
States should grow out of our present difficulties, this country will be as 
fnlly and effectually prepared for it at all points, and for all possible pur- 
poses, as if that, and that alone, had been the object of all her warlike 
preparations. She will be in a situation to act and strike as promptly and 
signally as she could have been with her energies exclusively directed to 
that end ; and I feel it my duty to add, that not to expect, in case a rup- 
Jure become unavoidable, that this government, thus in complete armor, 
will promptly aud vigorously exert her utmost power to inflict the utmost 
possible injury upon our country and all its interests, would not be doing 
justice to such a crisis. * * * * « » 

I think it ought to be expected — indeed, from all I learn, I cannot doubt — 
that in case of hostilities the aim of this government will be to strike its 
heaviest blow at the commencement, in the expectation of being thereby 
enabled to shorten the duration of the war. 

I have the honor to be, dec, 

LOUIS McLAiNE. 
Hon. James Buchanan, 

Secretary of State, Washington. 



Mr. Pakenham. to Mr. Buchanan. 

Washington, December 27, 1845. 

An attentive consideration of the present state of affairs, with reference 
to the Oregon question, has determined the British government to instruct 
the undersigned, her Britannic Majesty's envoy extraordinary and minister 
plenipotentiary, again to represent in pressing terms to the government of 
the United States the expediency of referring the whole question of an 
equitable division of that territory to the arbitration of some friendly 
sovereign or State. 

Her Majesty's government deeply regret the failure of all their efforts 
to effect a friendly settlement of the conflicting claims by direct negotia- 
tion between the two governments. 

They are still persuaded that great advantages would have resulted to 
both parties from such a mode of settlement, had it been practicable ; but 
there are difficulties now in the way in that course of proceeding which 
it might be tedious to remove, while the importance of an early settlement 
seems to become at each moment more urgent. 

Under these circumstances, her Majesty's government think that a 



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Doc. No. 105. 5 

resort to arbitration is the most prudent, and perhaps the only feasible 
step which could be taken, and the best calculated to allay the existing 
effervescence of popular feeling, which might otherwise greatly embarrass 
the efforts of both governments to preserve a friendly understanding be- 
tween the two countries. 

The government of the United States will see in the proposal, which 
the undersigned is thus instructed to make, a proof of the confidence of 
the British government in the justice of their own claim. They will also 
see in it a proof of the readiness of the British government to incur the 
risk of a great sacrifice for the preservation of peace, and of their friendly 
relations with the United States. It is made in a spirit of moderation and 
fairness, of which the world will judge. 

The British government confidently hope that the government of the 
United States will not reject a proposal made with such a friendly inten- 
tion, and for a purpose so holy. 

There is nothing in it, they are convinced, not perfectly compatible with 
the strictest regard for the honor and just interests of both parties, partic- 
ularly when it is considered of what small value to either is the portion 
of territory which in reality forms the subject of controversy, compared 
with the importance of preserving a state of peace and good will between 
two such nations. 

The undersigned takes advantage of this opportunity to renew to the 
Hon. James Buchanan the assurance of his high consideration. 

R. PAKENHAM. 

Hon. James Buchanan, <^*c., 4*c. 



Mr. Buchanan to Mr. Pakenham. 

Department op State, 

Washington, January 3, 1846. 

The undersigned, Secretary of State of the United States, has the hon- 
or to acknowledge the receipt of the note of Mr. Pakenham, her Britan- 
nic majesty's envoy extraordinary and minister plenipotentiary, dated the 
27th ultimo, by which, under instructions from his government, he pro- 
poses to the government of the United States " the expediency of refer- 
ring the whole question of an equitable division of that (the Oregon) ter- 
ritory to the arbitration of some friendly sovereign or State." 

The undersigned has submitted this note to the President, who, after 
having bestowed upon it that respectful consideration so eminently due 
to any proposition emanating from the British government, has instruct- 
ed him to give to it the following answer : 

The British government do not propose to refer to arbitration the ques- 
tion of the title to the Oregon territory, claimed by the two powers, respec- 
tively. It is a proposition to refer to a friendly sovereign or State merely 
the partition or "equitable division" of that territory between the parties. 
It assumes the fact that the title of Great Britain to a portion of the terri-^ 
tory is valid ; and thus takes for granted the very question in dispute 
Under this proposition, the very terms of the submission would contair 
an express acknowledgment of the right of Great Britain to a portion o 
the territory, and would necessarily preclude the United States from ciai~- 



6 Doc, No. lOo. 

ing the whole before the arbitrator. This, too, in the face of the note of 
the undersigned to Mr. Pakenham, of the 30tli August last, by which 
the President had asserted, in the most solemn form, the title of the Uni- 
ted States to the wliolc territory. Even if there were not other conclusive 
reasons for declining the proposition, this alone would be deemed suffi- 
cient by the President. 

The President heartily concurs with the British government in their 
regret that all attempts to settle the Oregon question by negotiation have 
hitherto failed. He cannot, however, concur with that government in the 
opinion that a resort to arbitration, and especially to an arbitration on the 
terms proposed, would be followed by happier consequences. On the 
contrary, he believes that any attempt to refer this question to a third 
power would only involve it in new difficulties. 

In declining ihis proposition, the President refers to the sentiment ex- 
pressed in the note of the undersigned of the 30th August last, to which 
allusion has already been made, that he " cherishes the hope that this long; 
pending controversy may yet be finally adjusted in such a manner as not 
to disturb the peace or interrupt the harmony now so happily subsisting 
between the two nations." 

The undersigned avails hhnself of this occasion to renew to Mr. Paken- 
ham assurances of his distinguished consideration. 

JAMES BUCHANAN. 

Right Hon. Richard Pakenham, ij'c, ^*c., t5*c. 



Mr. Fakenham to Mr. Buchaiiaji. 

Washingtox, January 6, 1846. 

The undersigned, her Britannic Majesty's envoy extraordinary and min- 
ister plenipotentiary, has had the honor to receive the note of the Secretary 
of State of the United States, dated the 3d instant, in answer to that of 
the undersigned, dated 27th ultimo, containing a proposal for referring 
the question of an equitable partition of the Oregon territory to the arbi- 
tration of some friendly sovereign or State. 

The undersigned will take an early opportunity to transmit this com- 
munication to her Majesty's government. 

The undersigned has the Uonor to renew to Mr. Buchanan the assu- 
rance of his distinguished consideration. 



R. PAKENHAM. 



The Hon. James Buchanan, cjrc; iSfC, (Sf'c. 



Mr. Pakenham to Mr. Buchanan. 

Washington, January 16, 1846. 

With an anxious desire to contribute, by every means in his power, to a 
satisfactory conclusion of the question pending between the two govern- 
ments respecting Oregon, the undersigned, her Britannic Majesty's envoy 
extraordinary and minister plenipotentiary, has reflected on the contents 



Doc. No. 105. 7 

of the note addressed to him on the 3d instant by the Secretary of State 
of the United States, in answer to that which the undersigned had the 
honor to address to him on the 27th of last month. 

The note of the undersigned proposed to the government of the United 
States that the whole question of an equitable partition of the Oregon ter- 
ritory should be referred to the arbitration of some friendly sovereign or 
State. 

!n his answer, the Secretary of State informed tlie undersigned that his 
proposition could hot be accepted ; that it did not propose to refer to arbi- 
tration the question of the title to the Oregon territory, claimed by the two 
powers respectively. That in proposing to refer to a friendly sovereign 
or State merely the partition or equitable division of the territory between 
the parties, it assumes the fact that the title of Great Britain to a portion 
of the territory is valid, and thus takes for granted the very question in 
dispute. That under this proposition the very terms of the submission 
would contain an express acknowledgment of the right of Great Britain 
to a portion of the territory, and would necessarily preclude the United 
States from claiming the whole territory before the arbitrator; and this, too, 
the Secretary of State goes on to observe, in the face of his note to the 
undersigned of 30th August, by which the President had asserted, in the 
most solemn form, the title of the United States to the whole territory. 

It is not the purpose of the undersigned, in the present note, to renew 
ilie discussion as to the title of either party (Great Britain or the United 
States) to the whole or to any part of the Oregon territory. He must, 
however, beg leave, with reference to the observation which he has just 
quoted, to remind the United States Secretary of State, that if the gov- 
ernment of the United States have formally advanced Exclaim to the 
whole of the Oregon territory, it is no less certain that Great Britain 
has, in a manner equally formal, declared that she, too, has rights in 
the Oregon territory incompatible with the exclusive claim advanced by 
the United States. 

This declaration, arising from a conviction equally sincere, will, the 
undersigned is persuaded, be viewed with the same consideration by the 
government of the United States as they expect that their ov/n declara- 
tion should receive at the hands of the government of Great Britain. 

This premised, the object of the undersigned in addressing to Mr. 
Buchanan the present communication is to ascertain from him whether, 
supposing the British government to entertain no objection to such a 
course, it would suit the views of the United States government to refer 
to arbitration, not (as has already been proposed) the question of an 
equitable partition of the territory, but the question of title in either of 
the two powers to the whole territory ; subject, of course, to the condi- 
tion, that if neither should be found, in the opinion of the arbitrator, to 
possess a complete title to the whole territory, there should, in that case, 
be assigned to each that portion of territory which would, in the opinion 
of the arbitrating power, be called for by a just appreciation of the re- 
spective claims of each. 

The undersigned has suggested a reference, on the above principle, to 
some friendly sovereign or State. 

This the undersigned believes to be the course usually followed in such 
cases : it is that which has already been resorted to by the two govern- 



8 Doc. No. 105. 

ments, (and more than once.) I3nt there may be other forms of arbitra- 
tion, perhaps more agreeable to the government of the United States. 

There might be, for instance, a mixed commission, with an umpire, ap- 
pointed by common consent, or there might be a board composed of the 
most distinguished civihans and jurists of the time, appointed in such a 
manner as should bring all pending questions to the decision of the most 
enlightened, impartial, and independent minds. 

In the present position of affturs, and feeling how much the interests of 
both countries require an early as well as an amicable and satisfactory ad- 
justment of existing difficulties, the undersigned earnestly invites the 
Secretary of State to take the subject of this note into consideration, with 
a view to such an arrangement, on the principle of arbitration, as may 
seem to the government of the United States to be most just, wise, and 
expedient. 

The undersigned takes advantage of this opportunity to renew to tlie 
Hon. James Buchanan the assurance of his high consideration. 

R. PAKENHAM. 

Hon. James Buchanan, ^'c. ^c. <^'c. 



Mr. Bnchanati to Mr. Pakenham. 

Department of State, 

Washington., Fehruarij 4, lS4ti. 

The undersigned. Secretary of State of the United States, has the hon- 
or to acknowledge the receipt of the note of Mr. Pakenham, her Britan- 
nic Majesty's envoy extraordinary and minister plenipotentiary, dated on 
the 16th ultimo, by which he again proposes a reference of the Oregon 
question to arbitration. Under his present proposition the powers of the 
arbitrator would not, as in his last, be limited in terms to the division of 
the territory between the parties, but would extend to the question of their 
conflicting titles. There is, however, a condition annexed to this oifer 
which exposes it to the same objection, in point of fact, if not in form, 
which was prominently presented in the answer of the undersigned to Mr. 
Pakenham's last proposal. This condition is, " that if neither [party] 
should be found, in the opinion of the arbitrator, to possess a complete ti- 
tle to the whole territory, there should, in that case, be assigned to each 
that portion of territory which would, in the opinion of the arbitrating 
power, be called for by a just appreciation of the respective claims of 
each." If the government of the United States should consent to an ar- 
bitration upon such a condition, this might, and probably would, be con- 
strued into an intimation, if not a direct invitation, to the arbitrator, to di- 
vide the territory between the parties. Were it possible for the President, 
under any circumstances, to consent to refer the subject to arbitration, the 
title, and the title alone, detached from every other consideration, is the 
only question which could be submitted. If not confined to a single 
point, so strong is the natural disposition of arbitrators to please both par- 
ties, that, in almost every instance, whether of national or individual con- 
troversies, they make a compromising award. We have a memorable ex- 
ample of this in our last arbitration with Great Britain. Notwithstanding 
that the arbitrator, under the terms of the submission, was clearly and 



Doc. No. 105. 9 

explicitly confined to the decision of which was the line of highlands de- 
scribed in the treaty of peace of 1783, yet, instead of pursuing any range 
of highlands whatever, he advised that the line should run along the 
bed of a river, and actually divided the territory in dispute between the 
parties by " the middle of the deepest channel of the St. John's." 

The undersigned might content himself, in answer to the present pro- 
position, with a reference to the observations contained in his last note to 
Mr. Pakenham, of the 3d ultimo. In that, it was plainly intimated not 
only that therf are " other conclusive reasons for declining the proposition," 
independently of the one which had been prominently stated, but it was 
expressly asserted as the belief of the President, " that any attempt to re- 
fer this question to a third power would only involve it in new difficulties." 

The undersigned will, however, proceed to state a single reason which, 
apart from the intrinsic difficulty of selecting a suitable arbitrator, as well 
as other considerations that might be adduced, is conclusive on the mind 
of the President against a reference of this question to arbitration, in any 
form which can be devised, no matter what may be the character of the 
arbitrator — whether sovereign, citizen, or subject. This reason is, that he 
does not believe the territorial rights of this nation to be a proper subject 
for arbitration. It may be true that, under peculiar circumstances, if the 
interest at stake were comparatively small, and if both parties stood upon 
an equal footing, there might be no insuperable objection to such a course. 
But what is the extent of territory in dispute on the present occasion ? It 
embraces nearly thirteen degrees of latitude along the northwest coast of 
the Pacific, and stretches eastward to the summit of the Rocky mountains. 
Witliin its limits several powerful and prosperous States of the Union may 
be embraced. It lies contiguous, on this continent, to the acknowledged 
territory of the United States ; and is destined, at no distant day, to be 
peopled by our citizens. This territory presents tke avenue through 
whicfi the commerce of our western States can be profitably conducted 
with Asia and the western coasts of this continent, and its ports the only 
harbors belonging to the United States to which our numerous whalers 
and other vessels in that region can resort. And yet, vast as are its di- 
mensions, it contains not a single safe and commodious harbor from its 
southern extremity until we approach the 49th parallel of latitude. 

It is far from the intention of the undersigned again to open the dis- 
cussion of the conflicting claims of the two powers to the Oregon terri- 
tory. It is sufficient for him to state the continued conviction of the 
President that the United States hold the best title in existence to the 
whole of this territory. Under this conviction, he cannot consent to 
jeopard for his country all the great interests involved, and by any possi- 
bility, however remote, to deprive the republic of all tlie good harbors on 
the coast, by referring the question to arbitration. 

Neither is the territory in dispute of equal, or nearly equal, value to the 
two powers. Whilst it is invaluable to the United States, it is of com- 
paratively small importance to Great Britain. To her, Oregon would be 
but a distant colonial possession, of doubtful value, and which, from the 
natural progress of human events, she would not probably long enough 
enjoy to derive from it essential benefits ; whilst to the United States it 
would become an integral and essential portion of the republic. The 
gain to Great Britain she would never sensibly feel ; whilst the loss to 
the United States would be irreparable. 
2 



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^^ /^ Doc. No. 105. 

The undersigned is perfectly aware that such considerations can have 
no bearing iii^n the question of tiie title of either party. Thev arepre 
sented solely for the purpose of explaining the vicu-s of the President in 
his refusal to adopt any measure which should withdraw our title from 
the control ol the government and people of the United States, and place 
It withui the discretion of any arbitrator, no matter how intelligent and 
respectable. av-maiij 

The President cordially concurs with the government of Great Britain 
m desiring that the present controversy may be amicably adjusted Of 
this he has given the strongest proof before the whole world. He believes 
that as there are no two nations on ti^e earth more closely bound to^^ether 
by the ties of commerce, so there are none who ought to be more a1)le or 
tl'ato"^ "^"'^'''^' ^vithout the interposition of any arbi- 

The undersigned avails himself of this occasion to renew to Mr Palter - 
ham the assurance of his higli consideration. 

RJoLMi r. .. TAMES BUCHANAIN. 

Kight Hon. Richard Pakenham, 

Sec. ^'c. iK'c. 

LiBRftRV OF CONGRESS 




017 187 390 3 



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